-This semantic clarification is a step towards moving closer to a more inclusive approach to dealing with mentally incompetent individuals, in the fact that such individuals may also be competent to testify upon showing an ability to grasp the proceedings and provide cogent responses.

-The provision of section 124 expands on who shall be considered a competent witness, making it more representative in the adjudication process. In furtherance of this goal, the BSA expands and makes more inclusive the present judicial system by allowing mentally ill patients to be witnesses if, during questioning, they understand and reasonably respond.

Section 125 witness unable to communicate verbally

Section 125 of the Bharatiya Sakshya Adhiniyam, 2023 is an important section providing for the witnesses who may be suffering from speech impediments or any other communication problem and therefore are unable to verbally communicate.

As per the provision a deaf or mute witness is allowed to testify through alternative communication methods that make their testimony comprehensible. Such methods may include writing, sign language, or other appropriate means of communication.

Such evidence, through these alternate modes, is considered to be oral evidence for purposes of law, such that it is given similar validity and value under law as is a testimony given orally.

The court is also mandated to provide necessary assistance to the witness in order to ensure effective communication. This can be through an interpreter or a special educator. In this way, the statement of the witness is accurately understood and recorded.

Further, testimony by the witness through other means must be videographed to ensure the recording of an accurate and authentic account of the proceedings.

Important points:

-All forms of alternative communication must be presented before an open court either in written statement or sign language. This follows due judicial process, ensuring the proceedings are fair and transparent.

-The court must include an interpreter or special educator to adequately meet the communication needs of the witness and ensure that the testimony is conveyed properly during the proceedings.

-This section is vital as it enables an individual with communication disabilities to be allowed participation in judicial processes fully, which means that their rights will not be denied due to communication problems.

-This provision also supports the idea that every individual, despite their ability to communicate, has a right to be heard and to contribute to the administration of justice.

Section 126 of the: Competency of Husband and Wife as Witnesses

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 makes the spouses as competent witness produce their testimony before a court, both in civil and criminal litigation.

As per the provisions of Section 126 BSA

-In all civil cases, both the parties to the suit and the spouse of any party shall be competent to testify as a witness. This will help spouses to give evidence for one another, thereby adding a stronger evidentiary basis for parties in a civil case. It also exhibits an inclusive approach in terms of gathering evidence, recognizing that spouses could prove to be very critical to what is at issue.

-In the criminal proceedings the husband or wife of the accused is also considered a competent witness in criminal trials. As such, spousal testimony in criminal proceedings is accommodated, which may be determinant in establishing facts or furnishing background to the case. Spousal testimony would ensure that the scope of relevant evidence is all considered by the court in criminal matters.

Important points:

-It expands the class of persons entitled to give evidence in court proceedings. This increases the prospects of fairness and full representation. The spouses are allowed to give evidence in civil as well as criminal cases, so that the court may receive evidence that would otherwise be unavailable.

-This provision recognizes the unique knowledge and insights spouses often possess of each other's actions, behavior, and circumstances. Permits spouses to testify for each other in order for section 126 to recognize their potential evidentiary value, which can prove pivotal in both civil and criminal cases.

Section 127: Judges and Magistrates

Section 127 of Bharatiya Sakshya Adhiniyam, 2023 supports the duty of the judicial officer to further the process of the trial by admitting all relevant and admissible evidence before it. This supports the rule of judicial cooperation in seeking truth and justice.

This section provides for certain exceptional circumstances under which a judge or magistrate may withhold evidence. The exceptions are usually founded on legal privileges or protections such as confidentiality of certain kinds of information or protection of sensitive material that could otherwise unduly compromise judicial integrity. Such exceptions ensure that the ability of the court to access and present evidence is well balanced with the need to safeguard specific legal interests.

It adds a significant dimension to relevance as a principle in judicial proceedings. In a nutshell, it provides for relevance as the requirement to any evidence that must be deemed to relate directly to the issues in dispute. This concurs with the fundamental right that a fair trial involves exclusion of irrelevant and prejudicial material; only relevant and material evidence would come before the court. This provision aims to maintain the integrity of the trial process and the fairness of the proceedings.

Important points:

-It improves accountability within the judicial system.

-This section attempts to ensure that evidence cannot be refused or withheld without a legal reason to do so. This means it enhances transparency, bringing into light all the relevant material.

-It reiterates the point that judges and magistrates should carry out their duties in accordance with law and also be actively involved in the administration of justice.

-It clarifies a clear framework regarding what is expected of judges and magistrates in terms of the presentation of evidence.

-The provision eliminates ambiguity by clearly outlining the circumstances under which evidence is withheld.

-This clarity will enable all parties involved in a case to have a clear sense of what to expect during the trial process, thus instilling confidence in the legal system.

-It form an important part in maintaining the integrity of judicial process.

-It allows a judge and magistrates to withhold certain evidence, hence preventing judicial proceedings from undue influence by irrelevant or sensitive materials that may compromise the very tenor of fair hearing.

Section 128: Communications during Marriage

Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 provide an important provision in respect of privileged communication of a wife to husband, recognizing privacy in wedlock.

It provides that no person who is or has been married shall be compelled to disclose any communication made to him by his spouse during the marriage. This provision looks for the protection of confidence as regards marital exchanges in general, which are recognized by this Court as involving in particular trust and privacy essentially constituent elements of marital relationships.

The privilege of marital communications starts on the date of the marriage and continues for the term of the marriage. After the termination of marriage, the communications made during the marriage are still protected.

The confidentiality granted marital communications is qualified by certain exceptions:

-A spouse may disclose a communication if they have the express consent of the other spouse or their representative. This is held to be a waiver of the privilege, as the spouse has volunteered to disclose protected communications.

-Privilege is not available if one spouse is suing the other, or in a criminal proceeding where one spouse is prosecuted for a crime committed against the other. This exclusion recognizes that in adversarial proceedings between spouses, the need to present evidence may outweigh the need to protect confidentiality.

-Communications made before the marriage or after its dissolution are not within the scope of this section. Such communications are not privileged and may be admissible in court.

Important points:

-This protection is available only for communications, or statements, oral or written made between spouses.

-It excludes acts, conduct, or other non-verbal ways of communicating. In such circumstances, even when the spouses cannot be forced to report what was said or written by them, they may still be required to give evidence regarding actions or conduct carried out within the marriage.

-While the privilege of confidentiality covers communications between spouses, it does not cover third parties.

-Third parties who may have witnessed or been privy to marital communications can testify about those communications in court.

-This distinction ensures that the privilege operates exclusively between the spouses without preventing others from providing evidence regarding the same matters.